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[ Senate Amendment 002 ] |
91_HB2283 LRB9104558MWgcB 1 AN ACT providing for the State of Illinois to enter into 2 an agreement with Missouri and Iowa to establish the 3 Mid-America Port Commission. 4 Be it enacted by the People of the State of Illinois, 5 represented in the General Assembly: 6 Section 1. Short title. This Act may be cited as the 7 Mid-America Port Commission Agreement Act. 8 Section 5. Agreement. The State of Illinois ratifies 9 and approves the Mid-America Port Commission Agreement and 10 enters into that Agreement with Missouri and Iowa in 11 substantially the following form: 12 AGREEMENT 13 This agreement shall be known as and may be cited as the 14 "Mid-America Port Commission Agreement". This agreement 15 allows for the states of Illinois and Iowa to join the effort 16 of the state of Missouri for developing the Mid-America port 17 commission. 18 PORT COMMISSION 19 There is created a Mid-America port commission to be 20 governed by a nine-member port commission. The governors of 21 Missouri, Illinois and Iowa shall appoint one member to the 22 port commission in accordance with the laws of the respective 23 state. Each state shall also be represented by two members 24 elected through the county governance in the geographical 25 jurisdiction of the port commission. The port commission 26 members shall hold office for a period of six years. The port 27 commission members shall elect a chairperson of the port 28 commission after all the members are selected. The position 29 of chairperson shall rotate among the Missouri, Iowa and 30 Illinois members for two-year periods. A member of the port -2- LRB9104558MWgcB 1 commission shall not serve more than two terms. 2 POWERS OF COMMISSION 3 The port commission shall have the power to acquire, 4 purchase, install, lease, construct, own, hold, maintain, 5 equip, use, control or operate ports, harbors, waterways, 6 channels, wharves, piers, docks, quays, elevators, tipples, 7 compresses, bulk loading and unloading facilities, 8 warehouses, dry docks, marine support railways, tugboats, 9 ships, vessels, shipyards, shipbuilding facilities, machinery 10 and equipment, dredges or any other facilities required or 11 incidental to the construction, outfitting, dry docking or 12 repair of ships or vessels, or water, air, or rail terminals, 13 or roadways or approaches thereto, or other structures or 14 facilities necessary for the convenient use of the same in 15 the aid of commerce, including the dredging, deepening, 16 extending, widening, or enlarging of any ports, harbors, 17 rivers, channels, or waterways, the damming of inland 18 waterways, the establishment of a water basin, the 19 acquisition and development of industrial sites, or the 20 reclaiming of submerged lands. 21 Section 10. Jurisdiction. Adams, Brown, Cass, Hancock, 22 Pike, Schuyler, and Scott Counties in Illinois and any 23 additional counties that may be added to the Mid-America 24 Intermodal Authority Port District are included in the 25 jurisdiction of the Mid-America Port Commission. 26 Section 15. Powers. 27 (a) Any power or powers, privileges, or authority 28 exercised or capable of exercise by a public agency of this 29 State may be exercised and enjoyed jointly with the 30 Mid-America Port Commission according to the powers delegated 31 to the commission pursuant to this Act. 32 (b) A public agency of this State may enter into a -3- LRB9104558MWgcB 1 letter of understanding with the Commission to advance the 2 purposes of the Commission. 3 (c) The Mid-America Port Commission shall exercise no 4 control over the operation of port districts established by 5 any other law of this State, except by voluntary agreement 6 between the port district and the Commission. 7 Section 20. Appointment of commissioners; vacancy. 8 (a) Within 90 days after the effective date of this Act, 9 the Governor shall appoint one commissioner from the 10 Mid-America Intermodal Authority Port District Board to the 11 Mid-America Port Commission created by agreement between 12 Illinois, Missouri, and Iowa. 13 (b) Within 90 days after the effective date of this Act, 14 the Mid-America Intermodal Authority Port District Board 15 shall appoint 2 commissioners to the Mid-America Port 16 Commission. 17 (c) A vacancy in the office of commissioner shall be 18 filled by appointment of the Governor, in the case of a 19 vacancy in the office of a commissioner appointed by the 20 Governor, or by the Mid-America Intermodal Authority Port 21 District Board, in the case of a vacancy in the office of a 22 commissioner appointed by the Mid-America Intermodal 23 Authority Port District Board. 24 Section 25. Term of office. Each commissioner shall be 25 appointed to serve a term of 6 years. At the expiration of 26 the term of the commissioner appointed by the Governor, the 27 Governor shall appoint a successor who shall hold office for 28 6 years. At the expiration of the term of a commissioner 29 appointed by the Mid-America Intermodal Authority Port 30 District Board, the Mid-America Intermodal Authority Port 31 District Board shall appoint a successor who shall hold 32 office for 6 years. Each commissioner shall hold office -4- LRB9104558MWgcB 1 until his successor has been appointed. 2 Section 30. Consent and approval of agreement by 3 Congress. The Mid-America Port Commission has the power to 4 apply to the Congress of the United States for its consent 5 and approval of the agreement. In the absence of the 6 consent of Congress and until the consent of Congress has 7 been secured, the agreement shall be binding on the State of 8 Illinois in all respects permitted by the law for the states 9 of Illinois, Missouri, and Iowa without the consent of 10 Congress to cooperate, for the purposes enumerated in and in 11 the manner provided in the agreement. 12 Section 99. Effective date. This Act takes effect upon 13 becoming law.